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post #1 of 56 (permalink) Old 01-21-2005, 06:16 PM Thread Starter
 
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Help getting out of a ticket

Ok, let me start off by saying that i know speeding is wrong, but i honestly didnt know that i was.

I was hanging out with some friends last weekend, and it came time to go - i had to take my friend back to my house where she left her car (because the almighty trep is just that good... haha) The road i was on for a while was a 45 zone, then i turned and didnt see any signs (im sure they were there, i wasnt paying THAT much attention, i know, big mistake) but apparently it was a 35 zone - i got pulled over and got a ticket for 53 in a 35. This is my 2nd ticket now (first one was literally a week after getting my license, i learned my lesson trust me)

anyway, the cop said he clocked me coming down a big hill, but i didnt see him at all - and after my first ticket, i have developed a really good eye for cops, especially at night. the thing is, i never saw him until he pulled me over, which leads me to believe that he was hiding, which they aren't allowed to do. (ive been told that if a cop is sitting in the dark without his lights on, it is considered hiding)

secondly, he never checked to see my insurance or registration, which i was under the impression that they have to do (they checked the first time i got the ticket, i didnt have it in my car yet so i had to take it to court with me)

basically, if i can fight this and have a really good chance of getting out of this, i will. in ohio, if you get 2 tickets before you turn 18, you can automatically kiss your license goodbye.

does anybody have any ideas of things that i can do to get out of this? i know that i was in the wrong, and i am prepared to face the consequences if i am wrong about cops hiding and not checking papers...

thanks for any input, good or bad (i half-way expect to get flamed for this, but the thought of losing my license for 3 months is too depressing for me to care)
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post #2 of 56 (permalink) Old 01-21-2005, 06:30 PM
 
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sounds like you need a lawyer for this one. 2 before 18 and it's gone? that sucks...

but...

ignorance of the law doesn't mean anything in the eyes of the judge. just because you didn't know what the speed limit was, doesn't mean anything. I hope you didn't tell the officer that you didn't know you were speeding or that you didn't know the speed limit changed to 35 from 45, that one really irritates them.

even if you think you've developed a good eye, doesn't mean that you will see all of the patrol cars that pass you. If he was hiding from plain sight then the burden of proof is on you. Most states don't have a rule that says officers have to be seen when running radar. What probably happened was he got behind you and watched his speedo, which they are certified speeds... which also means however fast they were going they can approximate your speed and use it in a court of law. I don't know if Ohio allows this, but most states do. I was pulled over a few years ago by the Missouri State Highway Patrol on 71 Highway going northbound out of Butler, my wife was pregnant at the time and I was speeding to get her to a place where we could eat since she hadn't eaten in over 9 hours... which isn't good for pregnant women. anyway, I KNEW I was speeding, but damn I didn't see the HP pass me on the other side of the divided highway... he came from NO WHERE. Nailed for 93 in a 70. I know at one point I was going faster than 93 and maybe the HP gave me a break since he saw that my wife was pregnant... I don't really know, but I was speeding.

They don't always check for insurance and registration and I don't believe it's mandatory even for Ohio... though I could be wrong.

Moral of the story... watch the posted speed limits. if you think you are speeding and you haven't seen a sign, slow down 5 to 10 miles under what you are already doing until you see another sign that says what the limit is. more than likely, you will probably need to get a lawyer for this one. good luck though! I've been there with 7 points before and just recently as of november all of my tickets **knock on wood** fell off of my license, which caused my insurance rates to drop like a rock this month.
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post #3 of 56 (permalink) Old 01-21-2005, 07:03 PM
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Dude i hate to say it by your screwed ...its one thing to speed but you were going 53 in a 35 even if it was a 35 thats still 8 over ..I learned along time ago..just take your time ..you will get there when you get there
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post #4 of 56 (permalink) Old 01-21-2005, 07:07 PM
 
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You're screwed, there's no such thing as it being illegal for cops to "hide" to run radar or laser or whatever he was doing. They also don't have to ask for your papers, they do it at their discretion. There is no way you're getting out of it, just need to be more careful and alert as to what you're doing and what the speed limit is and so forth. Good luck, but don't get your hopes up.
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post #5 of 56 (permalink) Old 01-21-2005, 08:25 PM Thread Starter
 
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damn, thats what i was afraid of... what really pisses me off is that both times, it was past 11 where there was no traffic at all... and the ticket says that he was stationary, so he definately got me with the radar. with my luck i wont even get school and work privelages either. looks like its time to go buy a home theater system since ill be spending a lot more time at home for the next 3 months
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post #6 of 56 (permalink) Old 01-21-2005, 09:51 PM
 
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If you do go to court, wear a suit and tie. Nice haircut and shaved. Don't make excuses, accept your responsibility. Judges have discretion, and it's amazing how making a good impression can mitigate your consequences. Good Luck to you.
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post #7 of 56 (permalink) Old 01-21-2005, 10:23 PM
 
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just admit you did it. i got pulled over for going 59 in a 45. i sent the ticket out saying that i wanted a hearing. when it came court time they read over everything. the cop was using a laser so i wasnt getting out of that one. so i decided to just admit.

first he asked me about the seatbelt, i said that i forgot to put it on.
then he asked me what i think he should do about the speeding, so i said "im not going to sit here and tell you i wasnt, i made a mistake and im sorry"

thats when he said "good response, i find you not guilty, slow down" i got lucky but honestly so many people go with the i didnt know i was doing such and such excuse that they just get more pissed off hearing it. if you are honest from the get go you should be fine. if anything they will at least drop the fine a bit.

good luck
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post #8 of 56 (permalink) Old 01-21-2005, 10:26 PM
 
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I got a under 21 last december. I had two beers at home when a friend called. He needed a ride from a party. I didn't do anything wrong, but I got pulled over. I considered fighting it since I barely rated on the PBT. The cop wanted me to nark out the party I picked my friend up from. Since I didn't he hit me with everything he could. I did though negotiate with the prosecuting attorney and got all but one charge drop. My advice is to talk to the DA before you go into the court room. Also because you are almost 18 you may be able to get a continuance. I'd dress nice and be very graceful to the DA and hope he'd be willing to do that for you. But, don't get any fucking tickets or you're f***ed. Good luck man.

PS. Also address an attorney or two regarding that because Ohio may be different than minnesota. But the fact is if i would get tagged now and have blown .17, I could've got a countinunce so long as I don't get another ticket of the same kind before I'm 21.

Last edited by dudes_; 01-21-2005 at 10:50 PM.
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post #9 of 56 (permalink) Old 01-21-2005, 10:33 PM
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Dude - you are just justifying all the insurance companies high rates for unmarried male drivers under 25. You are the reason I was paying a ton of money each month for liability insurance when I was 18. It was an 8 year old diesel powered 4dr sedan at that.

You will love it when you get a clean record and get the low rates from multiple years ticket free.
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post #10 of 56 (permalink) Old 01-21-2005, 10:43 PM
 
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I'm not justifying anything. I pay 330/mth for insurance. Before I got my ticket I paid 234/mth. Don't lecture me about insurance rates being shitty for you. I have always paid through the nose for insurance. At that, at least I have always had insurance. Insurance rates are more because males under 25 do get in more accidents than males over 25 and females in general until they get really old. Men are more likely to drive like idiots. I know several kids from my class have wreched several cars. One of my friends has wrecked three cars now. But he's never gotten anything from insurance companies for it. He's just worked to get another car. I have never been in an accident. I have owned two cars. Both of which I still own. I pay 149/mth for insurance on my oldsmobile and 330/mth for my trep. The lowest I have ever paid for insurance was on my 86' olds. I paid 130/mth for liability. ... Yeah, it's people like me who are responsible for high insurance rates. I've paid shit rates since I got a car. A car which I bought, and insurance I pay. No one pays it for me. I work my ass off to drive. So be careful you who lecture. Thanks.


PS. Typical liberal assumption ... Blame everyone else for how shitty things are for them. Take a look around you. You're not the only one who gets it in the ass.
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post #11 of 56 (permalink) Old 01-21-2005, 11:12 PM
 
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"ALWAYS" fight your tickets (in court). At least you will have a 50/50 chance of beating it. Choose an evening court date & chances are the copper doesn't show up & you get off.

If you just pay it, you loose the money & your insurance will skyrocket.
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post #12 of 56 (permalink) Old 01-21-2005, 11:44 PM Thread Starter
 
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well i dont have a choice about going to court - all minors who get a ticket have to go. i wore a nice shirt and tie and and was honest the first time, and it got me off with nothing but court costs and a 2 hour driving class, but twice under 18 means automatic suspension, so being nice looking and honest will only make the suspension shorter, it wont get me out of it - i would kill to just get a fine for it, i dont care about the money, i just want my freedom.. plus if you don't announce that you are fighting it ahead of time, the cop doesnt show up anyway - im not sure if denying it would get me another court date or just get me off the hook
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post #13 of 56 (permalink) Old 01-21-2005, 11:51 PM
 
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The fact is if you are almost 18 you may be able to get a countinunce. That means because you are almost 18 you will still get in trouble, but they will treat you as though you are already 18 instead of treating you as a minor. You then more than likely get a fine. Just don't get another ticket or that ticket will comeback and f*ck with you. Look into it. It's probally your best bet to keep your "freedom." Otherwise power up the PS2 for a few months. Good luck James
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post #14 of 56 (permalink) Old 01-22-2005, 12:08 AM Thread Starter
 
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do you think they would give a continuance till late august? and what do i saw when they ask why i want one?
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post #15 of 56 (permalink) Old 01-22-2005, 12:16 AM
 
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If you get a coutinuance, they'll treat you as though you are an adult instead of a minor; therefore avoiding a stupid suspension because you are an adult. Talk to a few lawyers about it. I'm sure if you are 3 months shy of 18 you'll be able to pull that off. The district attorney (prosecuting attorney in minnesota) will be willing to work with you. The other fact is if you do get another speeding ticket in a set time you will get treated as though that continuance never happened. So if you do this, be prepared to honor it. If you have any other questions feel free to PM me.
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